SHASHI SYAL Vs. RAM PIARI

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure is directed against the order dated 1.9.1999 passed by the learned Sub Judge, Una in Execution Petition Nos.49 of 1990 and 4 of 1993 whereby the said execution petitions, both file by the petitioner, two applications under Section 28 of the Specific Relief Act, another application on the same grounds and one more application under Section 148/151, Code of Civil Procedure had been disposed of in as much as the execution petitions had been dismissed.

(2.) Brief facts leading to the presentation of this petition are that a suit for specific performance of the agreement between the parties was compromised by them and the trial court in terms of the compromise, decreed the suit on 29.6.1990 as follows: - "As per agreement the suit of the plaintiffs for the execution of the sale deed of the suit property as per agreement dated 12.7.1996 in favour of the plaintiffs only in case the sale is not prohibited under any law is decreed."

(3.) An application for amendment of the above operative part of the order was allowed by the trial Court on 6.11.1990 thereby amending the above order as follows: "The time within which sale deed is to be executed is not mentioned in the decree. It is an accidental omission. Such an omission can be rectified under Sections 151,152 C.P.C. as per the decision given in AIR 1976 Andhra Pradesh page 50. So the application is allowed and the respondent to execute the sale deed on or before 5.12.1990. The decree be amended accordingly."